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#1
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| I am getting ready to get divorced. My wife and I have been seperated(not legally) for a year now, and living apart for that amount of town. I was the party that left, after mutual agreement that the relationship needed to end. We tried to work it out for a while, but it did not. My question is this: I am about to buy a new car. When I left the house, she kept everything(all of the property except my clothes.), and I paid all of her bills for three months, after which I have been paying her two hundred dollars in child support a month on my own free will. The car I am about to buy will be paid in full. When we divorce, can she ask for the car? I don't think she would do that, but I would like to make sure it isn't possible. If it is possible, could she try and seek the car if I had it in my name with a lien on it(from my mom or a family member.) If it were in my name, but I owed someone else for the car(and they had a lien on it) would it be something that she could ask for? I am in Kentucky, if that helps anyone. Thanks again. |
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#2
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| I do not know the answer.. but if in doubt, lease a car instead. You can lease it over two years, put a down payment to ensure lower monthly payment and buy it at the end of the lease if you want.. at which time you will be divorce... |
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#3
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| a lien holder on a title takes presidence over anything else(in otherwords it is the lien holders car until the debt is paid!). some states allow for more than one lien holder so you should check your local dept of motor vehicles to see. in most states i think only property acquired during the marital community are divided up and anything after the date of seperation are sole and seperate obgligations and property. i live in a community property state and i know that is how it works here. word of caution thought-when you apply for credit, any debts that you acquired that were joint will be figured in because divorce does not relieve you of the contractual obgligations you signed together unless they are re-financed into individual debts. |
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#4
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| Kentucky is a no fault divorce state, and everything is split 50/50, debts and assets, unless the two of you agree otherwise. Until a legal seperation occurs, any credit cards, house mortages, car loans etc. that your name appears on with hers, is community property and debts. You are entitled to 1/2 the equity in the home, from the time of legal seperation, 1/2 the furniture, savings etc. She will also be entitled to part of your IRA or pension. Usually if there are 2 cars, it is agreed that each gets one. Have her sign something stating she forfiets any claim to the car you are purchasing. Better yet, go ahead and get the ball rolling on the legal seperation. If she has ran up any credit cards with your name on them.....you will be entitled to pay 1/2. After the legal seperation has taken place, any debt she incurres....you will not be liable for. Then there is child support, which will be set by Ky guidlines.....which I believe is 18% of your income for 1 child, not sure what it is for 2. You will also be responsible for providing health insurance for the children and paying 1/2 of what the insurance does not cover for medical, dental, and eye care. Legally, your are not responsible to pay support until a court order is issued, so they will probably not look at the money you have already paid. There could also be the issue of Alimony....she could possibly recieve this, unless you can prove she was unfaithful....an affair cancels out Alimony. |